Stages Of A Criminal Case In Washington
All criminal cases in Washington, from a simple traffic ticket to a major felony prosecution, must follow procedures established by the U.S. Constitution, and state and federal law. These procedures guarantee that defendants may prepare their case with the assistance of a criminal defense attorney. While the system is far from perfect, with overburdened courts and sometimes overzealous prosecutors, our knowledge of and experience in Washington’s’ criminal court system allows us to help defendants assert their rights. Criminal cases follow several important stages that defendants should understand.
Initiation Of Charges
Prosecutors must file formal charges in order to initiate a criminal case. They may have to appear before a judge to establish probable cause during an investigation, and they may have to obtain an indictment from a grand jury in a felony case. If a defendant is in police custody, prosecutors must hold a hearing within 48 hours of the defendant’s arrest to determine charges. If prosecutors do not file charges within certain specific time limits, it could mean the defendant’s unconditional release from custody.
Arraignment
Once formal charges are in place, the court must hold a hearing, known as an arraignment, to notify the defendant of the charges and hear the defendant’s plea. The court may also order the defendant at this hearing to perform certain services or avoid contact with any alleged victims. Because this hearing generally takes place shortly after the defendant’s arrest and the filing of charges, the defendant often has not had an opportunity to prepare a defense and may not have been able to hire an attorney. Defendants usually plead not guilty at the arraignment, even if they later change the plea to no contest or guilty.
Pretrial Hearings
The court may hold multiple pretrial hearings to address scheduling and monitor the progress of any services or conditions imposed on the defendant. A judge may hold hearings to monitor the progress of plea negotiations, and parties may wish to address issues relating to access to witnesses or evidence during the pretrial phase. In the event of a plea agreement, the court may hold a hearing to consider the agreement and the defendant’s plea.
Pretrial Motions
A defendant may file a wide range of motions during the pretrial stage, including motions to dismiss some or all charges, motions to suppress evidence and motions to limit trial testimony. The court may consider these motions in pretrial hearings or may address them shortly prior to the beginning of the trial.
Readiness Hearings
The court will hold a readiness hearing, known in some cases as an omnibus hearing, sometime between a few weeks and a few days before the scheduled trial date. The purpose of this hearing is to address or resolve pretrial motions, review discovery, and take care of any other pretrial matters.
Trial
While defendants are entitled to a trial by jury, they may elect to waive that right and have the judge hear their case. A trial includes jury selection (voir dire), opening statements, examination of witnesses and presentation of evidence, jury instructions, and closing arguments. The judge or jury will then render a verdict of guilty, known as a conviction, or not guilty, known as an acquittal. Errors during the trial may result in a mistrial, in which case the trial is terminated, and prosecutors may choose to begin the case again.
Sentencing
Judges in Washington criminal cases determine sentences in all cases, even those decided by a jury. Washington law establishes sentencing guidelines that consider a wide range of factors. Defendants may make their own sentencing recommendations and present evidence at the sentencing hearing. Defendants can testify, but they are not obligated to do so.
Local Legal Advocates Offering Free Consultations
Criminal defendants in Renton, Bellevue and elsewhere in Western Washington need the assistance of an experienced criminal defense attorney with knowledge of Washington’s legal system. Vindicate Criminal Law Group has protected the rights of defendants in criminal cases for more than 20 years, helping obtain dismissals and acquittals, as well as plea agreements and verdicts with significantly reduced penalties. Contact us today for your confidential case evaluation or call 855-898-2542.